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A. A public work or improvement, the costs of which in whole or in part are to be assessed by the City, may be initiated on written petition by the owner or owners of a three-fourths (3/4) majority of the frontage, of the area or of whatever other measurement constituting the basis for computation of assessments of the assessable property may be provided in the petition. Petition shall be filed with the City Engineer.
B. The petition may initiate the acquisition of any improvement which the City Council is authorized to initiate, subject to the following limitations:
1. The Council may incorporate the proposed improvement in any improvement district or districts initiated by the Council pursuant to section 3.5.103 of this part.
2. The Council may elect not to proceed with the acquisition of any proposed improvement or any part after holding a hearing on the proposed local improvement if the Council determines that it is not in the public interest that the proposed improvements or a part be made, and Council may modify the improvements, including, but not limited to, proposed materials and methods, as may be in the public interest.
3. The Council need not take any action upon receiving a petition if the Council determines by resolution that the acquisition of the improvements is not desired by the Council for a reason or reasons stated in that resolution. (Ord. 2771; 1968 Code §§12-10, 12-21; Ord. 81-195; Ord. 91-36; Ord. 01-42)
A. If the City Council approves the Engineer recommendation or the petition, then the City Council shall by resolution adopt the preliminary plans and specifications and the map of the Engineer for the proposed improvement. The resolution shall also find and state:
1. The extent of the local improvement district to be assessed (by boundaries or other brief description);
2. The kind of improvement or improvements proposed (without mentioning minor details);
3. The number of installments and the time in which the cost of the improvement or improvements will be payable;
4. The probable cost as shown by the total estimate of the Engineer, which shall not constitute a limitation upon the cost of the project nor for any other purpose;
5. The amount or proportion of the total cost to be paid by other than special assessments, if any;
6. The method of levying assessments; and
7. The approximate amount or share of the portion of the total estimate to be assessed against property specially benefited by the acquisition of the improvement or improvements proposed.
B. In the same resolution the Council shall fix a time and place for a public hearing. (Ord. 2771; 1968 Code §12-22; Ord. 91-36; Ord. 01-42)
A. The City Clerk shall cause a notice to be published for one day in a daily newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall be addressed to the owners of assessable property in the local improvement district and to all persons interested generally and without naming the owners or persons, and shall state:
1. The kind of improvements proposed (without mentioning minor details or incidentals);
2. The number of installments and time in which the cost of the improvements will be payable;
3. The maximum rate of interest on unpaid installments;
4. The extent of the district to be assessed (by boundaries or other brief description);
5. The place and time when the City Council will consider the ordering of the proposed improvements and hear all complaints, opposition, protests and objections that may be made in writing concerning the improvements or proposed local improvement district, by the owner of any real property to be assessed or any person interested, and the last date by which complaints, opposition, protests and objections may be filed with the City Clerk; and
6. The fact that the petition or Engineer recommendation, and all information listed in the approving resolution are on file and can be seen and examined by contacting the office of the City Engineer during business hours, by any interested person.
B. In addition, the City Clerk shall address or cause to be addressed to each property owner to be affected by the proposed improvements one objection blank and a copy of this notice at least ten (10) days before the date fixed for the hearing as set forth in the resolution, addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of El Paso County, Colorado.
1. Failure To Receive Notice: Whenever any notice is mailed, as required in this article, the fact that the person to whom it was addressed does not receive it, or that the address used by the City was not accurate, shall not in any manner invalidate or affect the proceedings.
2. Notice To Inform Property Owners: The City Council hereby finds, determines and declares that the giving of notice in accord with this article is reasonably calculated to inform the owners of property to be assessed of the hearings provided by this article, and that the giving of any further notice is impractical and unnecessary to the assurance of due process of law to the property owners. (Ord. 2771; 1968 Code §§12-23, 12-88, 12-89; Ord. 91-36; Ord. 01-42)
A. Any property owner who wishes to object to the improvements in whole or in part shall, no later than the date set forth in the resolution for filing objections, file in writing with the City Clerk any complaint, opposition, objection, or protests, on an objection blank furnished by the City Engineer.
B. The blanks on which complaints, opposition, objections, or protests shall be submitted shall provide a place for the interested person to designate the complaint, opposition, objection, or protests; a space in which that person may state reasons or other remarks concerning the complaint, opposition, objection, or protest, and a place for the signature of the person.
C. Property owners or other persons to be affected by the proposed improvements, in the event they do not receive a blank or a written notice addressed to them by the City Clerk or City Engineer, may secure either or both by calling in person or through their duly authorized attorney in fact at the Office of the City Engineer.
D. Any objection to the regularity, validity and correctness of the proceedings prior to the date of the hearing shall be deemed waived unless presented in writing in substantially the same form, at the time and in the manner specified. (Ord. 2771; 1968 Code §§12-24, 12-25, 12-26; Ord. 83-72; Ord. 91-36; Ord. 01-42)
In all proceedings and notices authorized by this article, figures may be used instead of words and it shall not be necessary in an improvement district to designate each piece of real estate in the district separately but general description and quantities may be used except in the assessment rolls, and except in assessments any cost stated may be stated as being a probable amount per front foot, or per square foot, or per lot of a given size and proportionate amounts for other lots, or when a different method of assessment is provided, then as being subject to that method. (Ord. 2771; 1968 Code §12-90; Ord. 01-42)
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